Attorneys Representing Injured Glen Haven Home Residents
The Centers for Medicare and Medicaid Services (CMS) and state regulators conduct routine surveys and inspections at least twice every year at every nursing facility in Iowa. Through inspections and investigations, the regulatory agencies can quickly identify serious concerns, violations, and deficiencies at the nursing home and enforce prompt corrections to ensure the health and well-being of every resident are protected.
In some cases, a nursing facility in violation of regulations cannot or will not make changes to update and improve their policies, procedures, and protocols when providing care. When this occurs, the regulatory agencies can issue monetary fines, add the nursing center to a federal watchlist, and designate the Home as a Special Focus Facility (SFF). The undesirable designation alerts the public, and the nursing home that corrections must be made promptly or the facility will be made to close their doors or sever their contract with Medicare and Medicaid.
Approximately one year ago, Glen Haven Home was designated a Special Focus Facility and must now undergo many more unscheduled surveys and inspections than normal. Also, surveyors will respond immediately to any formally filed complaint of problems that occur at the facility. Likely, Glen Haven will remain on the national watch list for many months or years until the surveyors are confident that any positive improvements are permanent.
Glen Haven Home
This 75-certified bed Medicare/Medicaid-participating nonprofit nursing facility provides care and services to residents of Glenwood and Mills County, Iowa. The Home is located at:
302 Sixth Ave.
Glenwood, IA 51534
In addition to providing skilled nursing care, the home also offers respite and hospice care.
Over $125,000 in Penalties
When surveyors identify deficiencies and violations, nursing home regulators from the state of Iowa and the Centers for Medicare and Medicaid Services can issue monetary fines as a penalty for substandard care. Glen Haven Home received two fines over the last three years including one on April 28, 2016, for $88,819 and a second fine on October 5, 2016, for $47,166.
Additionally, over the last three years, Medicare has denied six requests for payment due to poor services on two occasions. This included three payment denials on April 28, 2016, and three payment denials on October 5, 2016.
Current Nursing Home Resident Safety Concerns
Both federal and state nursing home regulatory agencies routinely update their star rating summary system and post the information on the national Medicare.gov website. This information is used as a valuable tool to determine the best nursing home in the community that provides the highest level of care.
However, currently, Glen Haven Home maintains a much below average one out of five stars overall ranking compared all facilities within the United States. This ranking includes one out of five stars for health inspections, two out of five stars for staffing, and one out of five stars for quality measures. Some of the serious concerns involving violations and deficiencies are listed below.
- Failure to Ensure the level of care Provided the Resident May Professional Standards of Quality
In a summary statement of deficiencies dated September 14, 2017, the state investigator noted that the facility had “failed to follow physician’s orders… and failed to administer insulin properly for [one resident].” A review of a resident’s September 2017 Minimum Data Set (MDS) revealed that the resident “received daily insulin injections.”
However, observation of the resident at 11:51 AM on September 11, 2017, revealed that a Registered Nurse “administered [the resident’s] insulin via a Humalog insulin pen.” The Registered Nurse “cleansed the injection site, administered the insulin and left the room.” However, the Registered Nurse “failed to hold the insulin pen in place for 10 seconds during administration.”
The surveyor reviewed the facility’s October 15, 2015, Insulin Pen Administration Policy that instructs the staff on how to administer insulin. It reads in part:
“Administer insulin by inserting the needle and pressing and holding the dose button. After the dose counter reaches a 0, slowly count to ten and then release the dose button. Releasing the button prior to a ten count may result in incorrect dosing.”
The surveyor interviewed the facility’s Director of Nursing two days later on September 13, 2017, who stated that “staff should have held the insulin pen in place for 10 seconds before removing it from the resident.”
- Failure to Ensure the Nursing Home Areas Free from Accident Hazards
In a summary statement of deficiencies dated September 14, 2017, the state investigator noted that the facility had failed “to provide adequate supervision to prevent accident for [a resident who] required staff assistance for transfers and toilet use.” The inspector reviewed “the facility Call Light Log and staff statements that revealed the resident waited approximately 39 minutes on the toilet until staff responded to [their] called light and found the resident on the floor face down.” The resident “sustained injuries including a cervical spine fracture.”
The staff member responding to the call light reported that she knew the resident “had been on the toilet but went to assist another resident.” A different staff member “reported nurses receive alerts on a pager if a call light has been on for over ten minutes. However, that day he could not find a pager.”
In a separate summary statement of deficiencies dated March 23, 2017, it was noted that the facility “failed to provide adequate supervision and monitoring to protect residents against acts of aggression.” A review of the December 23, 2016, Event Report revealed that a resident “kicked another resident.” The assaulting resident “kicked the resident’s left foot and told the resident to shut up.”
The assaulting resident’s Care Plan was reviewed for behavioral symptoms. Documentation revealed that the resident “took antidepressant and antipsychotic medications. The same problem section of the Care Plan documented multiple aggressive acts toward resident since January 7, 2016. The resident had hit, kicked and yelled at other residents” between January 7, 2016, and December 23, 2016.”
- Failure to Provide an Environment Free of Resident to Resident Abuse
In a summary statement of deficiencies dated April 27, 2017, the State surveyor noted the facility’s failure “to provide adequate supervision and monitoring to protect residents against acts of aggression.”
The state investigator reviewed the resident’s MDS (Minimum Data Set) that revealed the resident “displayed verbal behavior directed toward others between 1 to 3 days of the seven-day look-back period.”
The resident’s Care Plan included behavioral symptoms with an approach to monitor where the resident sat, and where other residents who have behaviors sat, and to keep them separated.” The updated February 28, 2017, documents recorded that “the resident does not always cooperate and at times shuts down or gets verbally and physically aggressive with others.”
A review of an April 26, 2017 – 1:30 PM video recording revealed “an altercation between two residents.” The surveyor interviewed a third resident who revealed that they entered the room when there were “no staff present at the time.” One resident “picked up a knife on the table, cursed and stated [that they intended to hurt another resident].”
At that time, the threatened resident approached the assaulting resident “to take the knife away.” At this time, fourth resident “and others joined in the conversation by insulting [the threatening resident, stating that] that seemed to be the only thing any of us could say to get back at [the threatening resident].” During that time, the threatened resident “grabbed the knife, through it over the table and staff finally entered the dining room.”
- Failure to Develop Programs That Investigate, Control and Keep Infection from Spreading
In a summary statement of deficiencies dated September 14, 2017, the state investigator noted that the facility failed to “utilize infection control techniques during a medication pass, incontinence cares, and addressing a change for four [residents].”
The State surveyor observed a nurse preparing a resident for insulin injection while washing her hands, donning gloves before obtaining the resident’s blood sugar and then “went back to the medication card hallway, disposed of used supplies and remove her gloves.” The Registered Nurse “placed the glucometer machine used to test blood sugar on top of the medication card [then] obtained the insulin pen and replaced the disposable needles on the pen and entered [the resident’s] room.”
It was noted that the Registered Nurse “failed to perform hand hygiene after obtaining [the resident’s] blood sugar and administering insulin and she failed to sanitize the glucometer after use.”
- Failure to Report Investigate Actual Allegations of Abuse, Neglect or Mistreatment
In a summary statement of deficiencies dated March 23, 2017, the state investigator noted that the facility had failed to “report a resident altercation between [two residents]” out of 61 who resided at the facility.
Documentation of the facility revealed that a resident with severe cognitive impairment and no recorded behavioral symptoms “walked in the hall and …was trying to stop the resident from walking.” On November 20, 2016 “the facility added interventions that [the abusive resident] now drinks coffee out of a gray mug with the lid and [they] now eats in the front lobby dining area with a smaller group of peers.”
A review of the assaulting resident’s Care Plan “indicated that on November 25, 2016, the same peer again threw cold coffee [on assaulting resident] when they attempted to stop that from walking down the hall.” The facility implemented the following approaches after the altercation: staff encouraged [the assaulting resident] to get the nurses to assist other residents and encouraged to stay away from certain peers due to a history of inappropriate interactions.
The resident who was assaulted with the thrown coffee cup “was covered in coffee from their left shoulder across the abdomen and down their left thigh.” The staff notified the facility’s Director of Nursing and Assistant Director of Nursing of the situation. The surveyor interviewed the facility’s Administrator on March 23, 2017, who stated that “staff is to report any incidents of abuse” immediately. The night of November 25, 2017, the event took place after dinner, so in that instance, the staff was to report to the on-call nurse then report to the Administrator. The administrator stated she did not find out about the incident until Monday, November 28, 2017.”
Loved One Involved in an Iowa Nursing Home Abuse and Neglect Case?
If you, or your loved one, suffered injuries while a resident in a nursing facility, like Glen Haven Home, you are likely entitled to file a claim and receive compensation for your damages. However, it is important to consider hiring a nursing home negligence lawyer who specializes in abuse and neglect cases to represent you in your case.
Nursing home abuse, wrongful death lawsuits and medical malpractice claims for compensation are typically handled through contingency fee or agreements. This arrangement allows the attorney to resolve the case for compensation without the need for an upfront payment. Legal services are paid from the jury trial award or negotiated out of court settlement.
For more information on Iowa laws and regulations related to Iowa nursing homes, look here.